Maison Law helps construction workers that have been injured on the job in California. Accidents can happen for a variety of different reasons at every construction site, but when it happens because of faulty or unsafe scaffolding, the results are usually serious. If you’ve been injured in this situation, our team can help you explore your options. Set up a free consultation today to learn more.
Do I Need a Lawyer After a Scaffolding Accident?
Technically, you don’t have to hire a lawyer to file a claim in California. But scaffolding injuries are often serious, and the claims process can be complicated. That’s where having a lawyer makes a difference. At Maison Law, we’re here to help by:
- Explaining whether workers’ comp, a personal injury claim, or both are right for your situation.
- Handling paperwork, insurance talks, and deadlines so you don’t get stuck waiting.
- Gathering and putting together evidence and documentation to keep your claim strong.
- Pushing for fair settlements and stepping in if you’re not being treated fairly.
A scaffolding injury can throw your life off balance—physically, financially, and emotionally. Our goal is to take the pressure off so you can focus on getting better. But it’s still a tough situation, and the details are important.
What Are Some Common Causes of Scaffolding Accidents?
At first glance, scaffolding seems straightforward—a platform, a few boards, and some metal supports. But the reality is that accidents happen for a lot of reasons, many of which could have been prevented with proper care and attention. From that vantage point, it’s not hard to see how accidents happen. But it’s all about the specifics, so here’s a few of the more common things that lead to these accidents:
- Lack of maintenance – Rusted frames, loose screws, or worn braces can make scaffolds unstable. Even small issues can add up over time, creating serious hazards.
- Skipped inspections – OSHA rules require regular checks on scaffolding, but in a rush to get work done, safety inspections can be skipped. Missing guardrails or cracked boards can turn what looks like a safe scaffold into a dangerous one.
- Working in hazardous conditions – Weather and environment matter. Rain, strong winds, dim lighting, cluttered walkways, or nearby live wires can all make a normally safe scaffold risky.
- Using defective parts or materials – Cracked planks, faulty joints, or reused materials may look fine but can fail unexpectedly. Unfortunately, the worker is usually the one who suffers the consequences.
Most scaffolding accidents are preventable, but when shortcuts are taken or mistakes are made, serious injuries can happen in an instant. That gives you legal options, but before you get there, it’s about getting as much information and evidence as you can.
What Evidence Can Help My Scaffolding Accident Claim?
After a scaffolding accident, it’s easy to feel overwhelmed. You’re trying to recover, deal with medical bills, and figure out how to cover lost income—all while keeping up with your daily responsibilities. One of the most important things you can do for your claim is collect the right evidence early on:
- Accident report – Telling your supervisor about your accident as soon as possible is extremely important. Also, they’re required to document what happened. Ask for a copy of the accident report, which will cover when, where, and how the accident happened on the jobsite.
- Medical records – Getting medical care right away is vital, even if the injury seems minor. Keep track of your ER notes, prescriptions, test results, and referrals. These records tie your injuries directly to the accident and help support your claim.
- Photos and videos – Pictures and videos are always powerful evidence after an accident. Try to get pictures of the scaffolding, surrounding equipment, and any visible injuries. If the site has cameras, see if footage is available.
- Timeline of events – Write down when the accident happened, when you reported it, medical visits, and updates on your recovery. A clear timeline helps keep your story consistent if questions come up (which they usually do.)
- Statements – Coworkers or anyone else who saw the accident can write down what they witnessed or even send a quick text. Firsthand accounts strengthen your claim.
- Missed work/pay records – Track every day you couldn’t work and any pay you lost. This is key if you’re claiming temporary disability or lost income.
- Emails, texts, letters – Save emails, texts, or letters from supervisors, insurance companies, or third parties. They can help show how the situation was handled or delayed.
Even small details, like how your injury affects daily life or simple tasks, can make a difference. Collecting and organizing all this evidence might feel like a lot, but it can make the claims process much smoother.
What’s the Claims Process After a Scaffolding Accident?
The reason that the details matter so much in a scaffolding accident is simple: it gives you the roadmap of how your claim will play out. Basically, it all comes down to the cause of the accident. If it happened because someone was negligent or careless, you can file an injury claim through:
- An insurance claim out of court.
- A personal injury lawsuit.
In most scaffolding accidents, you file this claim when:
- Subcontractors didn’t set up the scaffolding properly or safely.
- Equipment makers or suppliers made defective planks, joints, supports, etc.,
- General contractors ignored safety regulations or failed to provide proper training or supervision
Also, you might have a separate civil claim if you’re a full-time employee and your employer starts discriminating against you or fires you because of your inability to work. This opens up the possibility of getting lost income, back pay, emotional distress, and other “damages.”
In addition to these claims, workers’ comp can help right away–if you’re a full-time employee. Reporting your injury to your employer quickly gets you medical care and wage replacement while you figure out if a personal injury claim is needed. Think of workers’ comp as a way to cover your immediate needs, while a personal injury claim can address the bigger picture of what someone else’s negligence cost you.
What Damages Can I Get in a Scaffolding Accident Claim?
Being injured on a scaffold can hit you in more ways than one. It’s not just the physical pain—there’s medical bills, lost income, and the way injuries affect your daily life. That’s what a personal injury claim is there for. Here are the damages you can get when you file such a claim:
- Medical expenses – This covers everything from your ER visit and doctor appointments to prescriptions, therapy, surgeries, and even future care if your injuries end up being long-term.
- Lost wages – This helps replace the money you missed while you were off work recovering from your scaffolding accident.
- Reduced earning potential – If your injury makes it hard to go back to the same kind of work or limits what you can earn, this covers the income you might lose in the future.
- Pain and suffering – This is about covering costs relating to the physical pain and emotional stress the accident has caused you.
- Loss of enjoyment of life – If your injuries keep you from doing the things you love or enjoying your normal routines, this helps account for that impact.
- Wrongful death expenses – If the accident is fatal, this can help cover funeral costs, lost support for your family, and the emotional toll on loved ones.
Every scaffolding accident is different, so the exact damages depend on your situation. The key is documenting your injuries, medical care, and how the accident has affected your life. And you have to act fairly quickly. You only have two years from the date of the accident to file an injury claim.
Frequently Asked Questions
What if my injury gets worse over time?
Even minor injuries can become serious. Document all medical visits and keep your employer updated. This will make sure your claim reflects the full impact of your injury.
How long do I have to file a personal injury claim in California?
Generally, you have two years from the date of your accident. Exceptions exist, like delayed injuries or wrongful death cases, so it’s best to act early.
What should I avoid after a scaffolding accident?
Don’t post about the accident on social media, give recorded statements to insurance companies without advice, or sign anything before talking to us.
Contact Maison Law for Help After a Scaffolding Accident in California
A scaffolding accident can change your life in an instant, and figuring out your options can feel overwhelming. If you’ve been hurt on scaffolding in California, our team at Maison Law will be there to help you. Set up a free consultation today, where we’ll walk you through your next steps, answer your questions, and make sure you’re not left in the dark.
